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Costs

Public funding is now very rarely available for personal injury claims.

Litigation can be expensive. The costs can include your solicitor’s fees, barrister’s fees, court fees, expert’s fees etc.

There are four ways in which your claim can be funded at this firm:

1. Rutherfords LLP can act for you privately. These fees and expenses are payable as the case progresses and payable whether you win or whether you lose the case. You are also liable for the expenses of the case as it progresses. You should recover most of these costs from the ‘losing’ defendant at the end of the case if you win your claim.

2. A ‘No Win No Fee’ Agreement called a Conditional Fee Agreement. Rutherfords LLP may be able to act for you on a no win no fee basis. You are not liable to pay any Rutherfords LLP’s fees if your case is unsuccessful. If you win then you are entitled to recover your damages, together with some of your solicitor’s basic costs. However, the solicitor’s success fee and the insurance premium which you pay (if appropriate) will need to be deducted from your compensation. Rutherfords LLP will limit this amount to 10% - 20% of your damages depending on the circumstances.

3. A ‘No Win No Fee’ Agreement called a Damages Based Agreement. If you lose your case, you are not liable to pay your solicitors costs and if you have taken out an insurance policy, you are also not liable to pay the Defendant’s expenses or your own expenses. If you win your case, you are entitled to recover your damages and also some of your solicitor’s basic costs. You will have to pay to your solicitor their fees which is expressed as a percentage of your compensation which cannot exceed 50% of your compensation and is usually 25% of your compensation (depending on the circumstances).

4. Some solicitors can act for you with the benefit if legal aid. Legal aid is not available for personal injury claims but is potentially available for medical negligence claims in some circumstances. Rutherfords LLP does not act for any client on a legal aid basis. If you require legal aid you will need to instruct an alternative firm. These firm’s details are available from the Law Society’s website.


Whether it is in your best interest for Rutherfords LLP to act for you on a private basis, CFA basis or DBA basis will depend on all of the circumstances of the case. These factors include:

• the type of case;
• the likely level of damages;
• the likely level of costs;

Rutherfords LLP will do their best to advise you on the best option available to you, bearing in mind your approach to risk and your prospects of success. Each case will be assessed on its own merit. This assessment should take no longer than 14 days to complete and no charges will be made for this process.

There are some circumstances when you will benefit from insurance to protect you against paying your opponent’s costs if you lose. Some persons already have insurance which is not yet available (Before the Event Insurance). If not, you can obtain an insurance policy to cover your claim (After the Event Insurance).

Rutherfords LLP can explain this to you in detail at your first meeting. In personal injury claims we offer an initial no commitment FREE INTERVIEW.

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